Home Case Index All Cases Customs Customs + HC Customs - 2015 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 1138 - HC - CustomsMaintainability of petition - Contractual obligations between parties - Alternate remedy - Held that:- Petition is liable to be dismissed on the simple ground that the petitioner has already approached the Principal District Munsif (Vacation) Court, Tuticorin District, seeking for the relief of permanent injunction against the private respondents herein, where, he could not obtain any order. The trial Court has ordered notice on 13.05.2015, which is still pending. Immediately, on 20.06.2015, he approached this Court and got an order of interim stay. It is pertinent to note that either in the Writ Petition or in his subsequent counter affidavit dated 01.06.2015, there is not even a whisper about the suit pending on the very same issue. The petitioner cannot pursue his remedy simultaneously. Therefore, Prima facie, he has not filed this Writ Petition with clean hands - As rightly averred in the counter affidavit of the Customs, if any of the parties prove their claim by producing the original Bill of Lading and other materials to claim the cargo, the authorities are duty bound to release the same, since the goods are perishable in nature. If the owners of the goods is stalled to claim the goods before the Customs authorities, unnecessarily, demurrage charges will be levied by the Customs authorities for no fault of the real owner. - Decided against assessee.
|